Mbna - arrow global.

[FlamingParrot]

Re: Mbna - arrow global.

Thank you for the advice, I will send the letter straight away.

Just one thought, ultimately I would like to resolve this matter. Once we have passed the deadline for the CCA is it worth making an offer to settle? I was thinking circa £1,000?

I wouldn't do it if it was me! :nono:

Bearing in mind you haven't paid in 3 years, this account is half way through to Statute Barred. Any offer of repayment will amount to acknowledging the debt and reset the clock! :scared: :clock: :clock: :clock:

I also haven't paid my accounts since 2010 and the last thing I would do is make any offers at this late stage.

Even if they went ahead and issued court papers you could defend on the basis of not having received a response to your CCA request.

They will be contacting me regarding an old MBNA Loan taken out in October 2006. I can't be sure of the last payment made but it was before May 2010.

[AndrewJ]

Re: Mbna - arrow global.

Hi,
My letter as above was signed for on the 17th at Restons Solicitors so well before their deadline of the 24th. As my CCA request was signed for at Arrow Global on the 30th April, are they now outside of the 14 day limit?

Also, in your previous email you mention the Statute Barred period. Unfortunately and naively I did make an offer to clear with debt to Drydens Fairfax on September 20th 2013. This offer was declined and they came back with a counter offer which I didn't accept. I guess the Statute Barred period has been reset?
Thanks for your advice.

[FlamingParrot]

Re: Mbna - arrow global.

Hi,
My letter as above was signed for on the 17th at Restons Solicitors so well before their deadline of the 24th. As my CCA request was signed for at Arrow Global on the 30th April, are they now outside of the 14 day limit?

They are, but that was to be expected, not being the original lender, they'll have to request the documents from MBNA. The main thing is, they are in default of your request and this should cover you if they were thinking of litigation. I take it you sent the response above to Restons, stating your previous CCA request hadn't been complied with. It would appear they probably weren't able to obtain an agreement from MBNA last time, so they'll struggle this time. Let's hope for the best! ray:

Also, in your previous email you mention the Statute Barred period. Unfortunately and naively I did make an offer to clear with debt to Drydens Fairfax on September 20th 2013. This offer was declined and they came back with a counter offer which I didn't accept. I guess the Statute Barred period has been reset?
Thanks for your advice.

It may have been, it all depends on whether Arrow can actually produce a copy of such a letter to prove acknowledgment of the debt. I wouldn't mention this.

[labman]

Re: Mbna - arrow global.

Excellent advice from FP there - I've only just seen this thread. You're in excellent hands!:beagle:

[AndrewJ]

Re: Mbna - arrow global.

Hi,

More letters this morning, they are certainly paying attention to this -

Letter from Restons, simply acknowledging receipt of my letter advising of the CCA request to Arrow who will respond in due course. Also stating my account on hold "in the meantime"

2nd letter from Arrow Global dated 21st May 2013 -

Re: New Address

We are keen to resolve your enquiry as soon as possible, however, we notice that the address contained within your letter differs to the address that we have on record and as a consequence, we are unable to write to you until you have verified your current address.

To verify your address simply telephone our customer service team on the free phone number 0800 130 0169 or alternatively, if you would prefer to communicate with us in writing, please provide us with copies of two of the following documents:

Then a list of standard utility bills, bank statements etc.

We have currently placed your account temporarily on hold whilst we investigate your enquiry but please note, we will be unable to provide you with a full response to your enquiry until you have verified your address.

Please note, in any case we do not believe we are the creditor as envisaged by the above statute so will not require a payment of £1.00 to process such a request. Therefore, we return your payment of £1.00.

We look forward to hearing from you.

Arrow Global.



Why wait until now to ask for this? I've also checked my previous letter on this and have noticed the following -

The first letter and all others from Drydens Fairfax dated 18th Sept 2012, advising me they we representing Arrow was addressed to my current address.

The letter from Call Credit advising they had been asked to contact me on their behalf was also addressed to my current address.

They're obviously buying time so they can get a copy of the original agreement, any advice on how to respond would be appreciated.

Thanks for your help.

[FlamingParrot]

Re: Mbna - arrow global.

Hi,

More letters this morning, they are certainly paying attention to this -

And so should you! :grin:

Letter from Restons, simply acknowledging receipt of my letter advising of the CCA request to Arrow who will respond in due course. Also stating my account on hold "in the meantime"

Good, that's exactly what we were looking for! :thumb:

2nd letter from Arrow Global dated 21st May 2013 -

Re: New Address

We are keen to resolve your enquiry as soon as possible, however, we notice that the address contained within your letter differs to the address that we have on record and as a consequence, we are unable to write to you until you have verified your current address.

To verify your address simply telephone our customer service team on the free phone number 0800 130 0169 or alternatively, if you would prefer to communicate with us in writing, please provide us with copies of two of the following documents:

Then a list of standard utility bills, bank statements etc.

We have currently placed your account temporarily on hold whilst we investigate your enquiry but please note, we will be unable to provide you with a full response to your enquiry until you have verified your address.

Please note, in any case we do not believe we are the creditor as envisaged by the above statute so will not require a payment of £1.00 to process such a request. Therefore, we return your payment of £1.00.

Does that mean they refuse to comply with your request? If you have sent a letter with your address on it to request a copy of your agreement, do they think it's someone else requesting it? You should write back to them saying something like this:

Dear Sirs

Account No: xyz

I recently requested that you supply me a copy of the alleged Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974). If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Therefore I put the original request back to you, I request that you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77-79 will apply. If you cannot find the information then you are to return to the original creditor and ask them for it.

Attached is a copy of my original request and the original payment in the sum of £1.00, which is the statutory fee - remember these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.
I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales .

Yours faithfully,

You can also add that they have been corresponding with you at that address so there's no need to verify it, as your response to their letter clearly shows you can be reached at that address.

They're obviously buying time so they can get a copy of the original agreement, any advice on how to respond would be appreciated.

Thanks for your help.

You hit it right on the nail!

[AndrewJ]

Re: Mbna - arrow global.

Thanks again, off to the post office! Signed for of course.

[AndrewJ]

Re: Mbna - arrow global.

Arrow letter signed for this morning.

[AndrewJ]

Re: Mbna - arrow global.

Letter received today dated June 3rd from Arrow Global -

DEBT OWED TO Arrow Global Ltd

ASSIGNED BY MBNA (ACCOUNT NUMBER *********)

We thank you for your letter dated 22/05/2013 received on 23/05/2013 and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the originating creditor and will revert in due course.

We confirm that all collection activity will be suspended pending provision of the documents.

We return the payment of £1.00

Arrow Global.


Should I respond?

Thanks for your advice.

[FlamingParrot]

Re: Mbna - arrow global.

They are being their usual silly selves! :rant: :rant: :rant: They BOUGHT a whole lot of MBNA accounts so THEY ARE the creditor. DCAs always have to get back to the original creditor to obtain documents, that doesn't mean they are not the creditor. However, as they are saying they are "willing to assist in obtaining what has been requested" and they are suspending all collection activity (aww, bless them! ) there's no need to respond at this point. Let's see what they come back with. :thumb: If you hear from them or anyone else in connection with this, do post up. :typing:

[AndrewJ]

Re: Mbna - arrow global.

Hi,
It's now been 15 working days since Arrow Global confirmed they would process my request for information from the originating creditor. Is this now outside of the statutory time limit? What happens next? Thanks for your advice.

[AndrewJ]

Re: Mbna - arrow global.

Good morning,

It's been a while but I received a letter from Arrow this morning and a copy go the original agreement with the closing statement from MBNA confirming they had sold the debt to a third party. I this case Restons have been assigned to collect the debt.

They also acknowledge receipt of my £1 although they returned this last June.

Can you please advise how I should respond?

Thanks for your assistance.

[Amethyst]

Re: Mbna - arrow global.

If they have provided a compliant copy of your agreement and passed the debt collection over to Restons it is likely a letter before action and court claim will follow (ie collections activity will resume)

Might be an idea to post up the documents you have received.

[AndrewJ]

Re: Mbna - arrow global.

Thanks for the reply.

They have supplied a copy of both pages of the agreement and a closing statement from MBNA 15th June 2010 stating the account has now been sold to a third party.

Original date of loan 3rd Oct 2006.

Last payment made - 23rd November 2009

Other debits applied for but returned from October '09 through 3rd March 2010.

Is it worth contacting them to discuss repayment arrangements of to make an offer to settle. If so, can you please advise what to offer?

Default amount - £5,610.25

Thanks for your advice.

[Amethyst]

Re: Mbna - arrow global.

I think a discussion on a repayment arrangement might be an idea if yu want to avoid court action.

If the agreement is legible, has all the prescribed terms in it and you have copies of the terms that accompanied the agreement then it is likely is will be deemed enforceable in court. If you don't have copies of the accompanying terms you can respond to them asking for those additional terms (eg. if you agreement states 'see para 12' and there's no para 12 then there's bits missing)

Without knowing anything of your financial circumstances it is impossible to say how much you should be offering to pay. If you do have lump sums available to make full and final then a 35% settlement is a reasonable starting point for negotiation. Otherwise it's a case of doing your income/expenditure and seeing what you have available from 'disposable' income.

Restons are ones for getting charging orders if they get a CCJ through court so it really depends on your circumstances how far you let it go.

Thanks for the reply.

They have supplied a copy of both pages of the agreement and a closing statement from MBNA 15th June 2010 stating the account has now been sold to a third party.

Original date of loan 3rd Oct 2006.

Last payment made - 23rd November 2009

Other debits applied for but returned from October '09 through 3rd March 2010.

Is it worth contacting them to discuss repayment arrangements of to make an offer to settle. If so, can you please advise what to offer?

Default amount - £5,610.25

Thanks for your advice.